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eCorner

Tuesday, 25 March 2008

So what are the legal components that you should think about for your website and how do they affect the success of the website?

Physical address and contact details

I always recommend contact details containing a real address and phone number (maybe fax) are clearly shown on the website.

A Post Office box might be OK if it is in Australia and you do not have a business address. But I prefer a real location. When I see a mobile phone as a contact number my immediate reaction is negative. It is just too easy to go get a pre-paid mobile these days.

1800 numbers are relatively inexpensive and can be directed to different phones at different times.

If the website does not have a physical address then I am concerned that it might not take products back or even worse not deliver them in the first place. If you are a website owner and do not want your address on the site then get a PO BOX and maybe offer Australia Post COD as a shipment and payment method. (http://www.auspost.com.au/BCP/0,1467,CH2137%257EMO19,00.html).

If the person who runs the site does not have their name and ABN (if applicable) clearly on the site then I am immediately suspicious. You should not use a personal email address but you should have contact email details such as john.smith@mystore.com.au or owner@mystore.com.au or management@mystore.com.au which can be used as a contact point. You sometimes see websites with a hotmail address as the contact point this to me translates to “go to another website”.

Terms and Conditions

If the website does not have a set of T&Cs that I can find and read easily then I generally do not trust that website. The T&Cs are never going to be simple but if they stretch to 20 or 30 pages then there is an issue. So you need to cover yourself without going too legally verbose. You should always seek legal advice on the legal terms and aspects of your business.

Do not just go and copy the T&Cs from some other website. This may cause you to be in breach of the Intellectual Property Copyright protection of that website. If you are directly targeting a competitor’s website they will probably figure it out quickly. You can find some very useful information at http://www.e-businessguide.gov.au/.

These may be part of the T&Cs but if you are selling commodity products then make the Return Policy easy to find and understand. For some items like food and clothes you may not have to accept returns, however it is an area that you have to understand. In Australia all sales (including online sales) fall under the Trade Practices Act. This says that what you are selling must be fit for the purpose that you describe. So you need to make sure that your product descriptions are not so vague as to open a potential problem for you.

Returns can create the need for a refund to a buyer. There are a number of ways that can be done but you need to have the process clearly documented so it cannot be disputed. If the customer has bought via a credit card then you can process the refund to the card. This will result in a fee that you, the merchant will pay and may be $25 to $40. The fee will vary by provider and card type.

The alternative might be to send a cheque or do a direct deposit to the consumer’s bank account. As a refund this may be less effort and not incur a fee from the payment provider or bank.You can also offer a credit certificate (for use at a later date) or a replacement with an alternative product.

Privacy Policy

Australia has a Privacy Act and a set of National Privacy Principles. Generally these apply to:

a. Private companies with a turnover greater than $3 million annuallyb. Health service providersc. Traders in personal informationd. Contractors to government

Setting up a Privacy Policy is good practice and just helps to take away any fear that the information provided to the site might be misused or sold to a third party.

SSL and HTTPS

SSL and encryption should be used when in pages where sensitive data is entered - this may be personal data such as name and address details or it could be financial data such as credit cards and bank details. Your site should show a valid SSL certificate when in protected pages. The URL will begin with HTTPS and the browser “padlock” icon should appear.

PCI DSS

The credit card industry introduced some standards to assist eCommerce store owners and providers understand their responsibilities. These are the Provider Card Industry Data Security Standards.

The Provider Card Industry Data Security Standards (PCI DSS) was developed to assist businesses that process card data to meet 12 security standards. It sets requirements for the monitoring and storage of credit card information to four levels of security, depending on the volume of credit card transactions being handled.

If you use a reputable payment service provider then these issues will in general be handled by them. If you take credit card data on your website using the manual credit card payment method then you need to be aware of the risk.

The 12 key guidelines are:

Install and maintain a firewall configuration to protect data

Do not use vendor-supplied defaults for passwords or other security parameters

Protect stored cardholder data

Encrypt the transmission of cardholder data and sensitive information

Use and regularly update anti-virus software

Develop and maintain secure systems and applications

Restrict access to data by business need-to-know

Assign a unique ID to each person with computer access

Restrict physical access to cardholder data

Track and monitor all access to network resources and cardholder data

Regularly test security systems and processes

Maintain a policy that addresses information security

Make sure the doors are bolted and windows barred

When it all comes down to the bottom line there is a lot that you can apply to eCommerce from the Bricks and Mortar world. Think of any parallel analogy and apply it to your website. It does not matter if you are thinking about how the home page needs to attract visitors into the store and comparing it to the store front window; or reconciling the cash register at the end of the day and comparing that to reconciling your online orders.

To open a store on Main Street you have to think about all the aspects that go to make up a business from the sales sheets to the BAS to the shop security and locking the doors and windows each night. Even getting rid of the rubbish!

The key to being successful and safe is to treat your web store like your business and manage it the same way.